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CONA021 Assignment 1 (INDIVIDUAL ASSESSMENT) 2025 - DUE 11 March 2025

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CONA021 Assignment 1 2025 (INDIVIDUAL ASSESSMENT) - DUE 11 March 2025 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)........... CONA021 Assignment (INDIVIDUAL ASSESSMENT) 1 2025 - DUE 11 March 2025 According to the General Comment 13 (UN Economic and Social Council, General Comment No. 13: The Right to Education (Art. 13 of the Covenant), E/C.12/1999/10, UN Committee on Economic, Social and Cultural Rights (CESCR), 8 December 1999, < Education is both a human right in itself and an indispensable means of realizing other human rights. As an empowerment right, education is the primary vehicle by which economically and socially marginalized adults and children can lift themselves out of poverty and obtain the means to participate fully in their communities. Education has a vital role in empowering women, safeguarding children from exploitative and hazardous labour and sexual exploitation, promoting human rights and democracy, protecting the environment, and controlling population growth (para 1). Taking into account the above paragraph, read the excerpt below and answer the questions based on it. By Chulumanco Mahamba Digital Night Supervisor 8 minute read 2 Jan 2025 02:00 pm Racism in schools: Born-free generation faces lingering inequality challenges Alleged racism incidents in schools spotlight the hurdles facing South Africa’s “born-free” generation, three decades after the end of apartheid. 3 | P a g e Thirty years after South Africa’s first democratic elections, incidents of alleged racism in schools spotlight enduring societal challenges and the complex journey toward true equality for the “born-free” generation. This year marked 30 years since millions of South Africans cast their ballot in the first democratic election of 1994 for the first time in their lives. Millions of South Africans who had previously been subjected to oppression and disadvantage due to the colour of their skin were released when the country transitioned from the harsh and segregationbased apartheid policy to a new democratic one. ‘Born-free’ generation The generation of South African children born after apartheid or around the time it ended became known as “born-frees”. In 2024, these “born-frees” found themselves being reported on in the media over incidents of alleged racism reported at their schools, raising the question of whether these incidents were a reflection of South African society and slow change. The Citizen reported on a number of these incidents, including an incident where a former pupil at Riverwood College in Pietermaritzburg, Smamkele Nyathi, came forward in February with allegations of racial injustices that she endured while at the school. In September, a group of activists picketed at Hoërskool Wilgers following an alleged racial incident in May that saw a 14-year-old victim being placed in another school while her alleged bullies remained unaffected. The former Hoërskool Wilgers pupil changed schools following a k-word altercation at school allegedly involving two white boys who allegedly bullied and racially discriminated against the girl. There were also highly publicised incidents reported at Table View High School and Pinelands High School in the Western Cape. 2024 incidents of alleged racism in schools At Table View High School, a teacher allegedly used the K-word about a matric pupil and the Pinelands High School “slave auction” of black pupils by coloured pupils. In reaction to the incidents, the Department of Justice and Constitutional Development condemned the incidents. “There is no place for racism or any other form of related intolerance in our constitutional democracy, which is anchored on the supremacy of the Constitution. “Such incidents perpetuate harmful racial discrimination and are stark and painful reminders of our Apartheid past,” the department said in August. Founder and CEO of Diversity-T, Teresa Oakley-Smith said that schools and South Africa’s education system haven’t done enough to address issues of prejudice. Downloaded by Corona Virus () lOMoARcPSD| ASSESSMENT 1-INDIVIDUAL ASSIGNMENT 2025 4 | P a g e “We’ve assumed that we can just leave everything and everything will be okay. We will the Rugby World Cup, and everyone thinks we’re a rainbow nation and things are marvellous, but they are not,” Oakley-Smith said in discussion with SABC News. She added that these incidents happen daily and that there is a lot more to be done in schools, including training teachers who are representatives. ‘A lot more to be done in schools’ Dr Keitumetse Mashego, a clinical and sports psychologist, said that in 1994, there was no proper change management for the country and no proper healing for those who were previously deemed inferior. “Without proper intervention, this is why we found ourselves in this chaotic situation we’re in. The superior has had to let go of the power without any assistance, and the so-called inferior had to learn how to be in power without proper assistance,” Mashego said. She described what “born-free” children experience as a power struggle between the “superior” and “inferior” races. “There is still a lot of work that needs to be done to make sure that we find some balance, and I think that was not prioritised when 1994 came, and that’s why we find ourselves where we are,” Mashego said. She added that in order for people to change, they need to see something wrong with what is happening. “It’s going to be a struggle because they see nothing wrong with it,” she said. Oakley-Smith added that when these incidents happen, there needs to be a thorough investigation and discussion with parents, educators, school staff, and the children to understand what the issues are and, on the basis of that, develop a process to address them. What needs to be done Mashego said the incidents were also a reflection of what is going on at home for pupils as racism is learnt. “It’s important that adults have self-awareness to make sure that whatever it is that we are projecting to the children or teaching the children that they are aware of the bigger picture,” she said. Education activist Hendrick Makaneta told The Citizen incidents of alleged racism in schools harm the culture and sense of unity within schools, impacting everyone involved. “These issues reflect broader societal dynamics in South Africa, where racial tensions and inequalities remain even after the end of apartheid,” he said. To address these issues, Makaneta said the education sector should focus on incorporating anti-racism education into the curriculum to promote understanding and empathy among pupils, helping them grasp the negative impact of discrimination. 5 | P a g e He added that teacher training is also crucial because teachers have not been trained to deal with issues of racism. Teacher training crucial “Schools also need professionals such as educational psychologists who can assist schools by offering support services like counselling for affected learners so that they can cope with the emotional toll of discrimination,” he said. Another highly publicised incident happened at Pretoria High School for Girls and resulted in the Gauteng Department of Education being criticised for how they handled it. In July, 12 matric pupils were suspended for allegedly making racist remarks in a group, and the school principal, who was found to have neglected to address complaints of racism that were initially reported in 2023, was suspended. However, following an independent disciplinary hearing, they were found not guilty of the charges levelled against them. The events prompted former president Thabo Mbeki’s foundation to engage with the school, meeting with the school governing body (SGB) and officials from the provincial department. The non-profit organisation (NPO) charged that the department claimed the black student was cleared because the 12 pupils were also not found guilty. Pretoria High School for Girls incident The organisation stated that after reviewing the conversations, it found no evidence of racism. However, an investigation by the Gauteng department of education found evidence of racism and recommended that the principal, deputy principal, and other staff members be charged with misconduct. The school is challenging this in court. Ultimately, as reflected in the South African government’s 30-Year Review of Democracy Report, South Africa has made strides in redressing some of the past inequalities and creating a future with widened opportunities. “However, more needs to be done,” the report, published during Freedom Month, said. QUESTION Having read the excerpt above, discuss the impact of racism on the right to education and the right of learners to access and receive quality education within a safe and conducive environment with specific reference to the 4 elements set in the General Comment 13. Refer to relevant case law, constitutional provisions and legislation.

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CONA021
INDIVIDUAL ASSIGNMENT 1 2025

UNIQUE NO.
DUE DATE: 11 MARCH 2025

, CONA021

Individual Assignment 1 2025



Unique No.

Due Date: 11 March 2025

CONSTITUTIONAL LAW

The Impact of Racism on the Right to Education and Access to Quality Education
within a Safe Environment

Introduction

Racism in schools remains a major challenge in South Africa, despite the country’s
transition to democracy in 1994. As highlighted in the article, incidents of racism
continue to hinder the realization of equal educational opportunities for all learners.
According to General Comment No. 13 by the UN Committee on Economic, Social, and
Cultural Rights, the right to education is fundamental for human empowerment and
social progress. However, racism disrupts the four key elements of the right to
education—availability, accessibility, acceptability, and adaptability—thereby
denying learners equal opportunities to access and receive quality education in a safe
environment. This paper examines the impact of racism on education within these four
dimensions, referencing relevant case law, constitutional provisions, and legislation.

1. Availability of Education

Availability refers to the presence of functioning educational institutions and programs
within a country. According to Section 29(1) of the South African Constitution,
everyone has the right to basic education, including adult education. However, racism
affects the availability of quality education by perpetuating disparities in resource
allocation, teacher distribution, and infrastructure development.
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